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2025 DAILYLAW 53393 (ALL)

SMT. ABHILASHA v. STATE OF UP AND ANOTHER

A482/40900/2019 · 2025-07-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122013 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40900 of 2019 Applicant :- Smt. Abhilasha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Singh,Chandra Prakash Tiwari Counsel for Opposite Party :- G.A.,Mohammed Iftekhar,Vijay Bahadur Shivhare Hon'ble Vikas Budhwar,J. 1. Rejoinder affidavit, filed today, is taken on record. 2. Heard Sri Sandeep Mishra, learned counsel for the applicant as well as Shri S.P. Singh, learned State Law Officer for the State/opposite party no.1 as well as Shri Vijay Bahadur Shivhare, counsel for opposite party no. 2. 3. This application under Section 482 Cr.PC. has been filed by the applicant to quash the the impugned cognizance order dated 17.08.2019 passed by Additional Chief Judicial Magistrate, Hamirpur, District Hamirpur and impugned charge sheet dated 12.05.2019 in Case No.1707 of 2019, arising out of Case Crime No.35 of 2019, under Sections 323, 324 & 308 I.P.C., Police Station Jariya, District Hamirpur. . 4. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits, thus, with the consent of the parties, the application is being decided at the fresh stage. 5. The case of the applicant is that a first information report stood lodged by the opposite party no. 2 against the applicant and two other co-accused being FIR No. 0035 of 2019, under Sections 323 and 324 IPC with an allegation that on 07.03.2019 at about 6.00 in the evening, when the opposite party no. 2 was in his house getting certain constructions made then the applicant along with two accused came there, barged and with the pointed weapon inflicted injuries pursuant whereto Ramwati wife of Nand Kishore and the opposite party no. 2 sustained injuries on the head. Post conduction of the investigation, charge-sheet came to be submitted against the applicant under Sections 323, 324 and 308 IPC. Learned counsel for the applicant submits that he has confined his relief for consideration of bail. 6. Learned AGA as well as counsel for the opposite party no. 2 on the other hand submits that they have no objection to the same. 7. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings/ application before the court below, the same shall be considered with most expeditions in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 8. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 24.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad